| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
19-35441
|
Childress v. Costco Wholesale
Order |
|
Oct. 20, 2020 | ||
|
B298730
|
Malott v. Summerland Sanitary Dist.
Lower court erred in requiring petitioner to exhaust administrative remedy that was inadequate to resolve petitioner's concerns. |
Administrative Agencies |
|
A. Gilbert | Oct. 20, 2020 |
|
B298952
|
People v. Hendrix
Trial court erroneously included 'reasonably' in bracketed language for 'mistake of fact' jury instructions, but error was harmless. |
Criminal Law and Procedure |
|
K. Yegan | Oct. 20, 2020 |
|
C079078
|
American Chemistry Council v. Office of Environmental Health Hazard Assessment
Office of Environmental Health Hazard Assessment did not abuse its discretion in failing to consider committee's determination not to list Bisphenol A as reproductive toxicant under Proposition 65. |
Environmental Law |
|
W. Murray | Oct. 20, 2020 |
|
C089338
|
Modification: Gomez v. Smith
Trial court applied correct legal standard for mental capacity under Probate Code Sections 811 and 812. |
probate_and_trusts |
|
Oct. 20, 2020 | |
|
A156985
|
Garcia-Brower v. Premier Automotive Imports of CA, LLC
Trial court's grant of nonsuit was improper because reasonable jury could conclude that defendant misused employee's dismissed conviction to terminate her in violation of Labor Code Section 432.7. |
Labor Law |
|
G. Sanchez | Oct. 19, 2020 |
|
B302892
|
Modification: People v. Love
Defendants convicted of attempted murder on a natural and probable consequences theory are excluded from relief under Senate Bill 1437. |
statutory_interpretation |
|
B. Hoffstadt | Oct. 19, 2020 |
|
D076569
|
Provost v. YourMechanic, Inc.
Threshold issues involving whether plaintiff is an 'aggrieved employee' for purposes of representative PAGA-only action cannot be split into individual arbitrable and representative nonarbitrable components. |
Labor Law |
|
P. Benke | Oct. 19, 2020 |
|
A157020
|
In re McDowell
Substantial evidence supported the finding that petitioner, who was not the actual killer, was a major participant in the felony that led to the victim's death. |
Criminal Law and Procedure |
|
G. Burns | Oct. 19, 2020 |
|
B294095
|
People v. Montelongo
Two statutes that criminalize the same conduct but impose different penalties are not unconstitutionally vague. |
statutory_interpretation |
|
J. Segal | Oct. 19, 2020 |
|
19-55036
|
Sensory Neurostimulation v. Azar
District court correctly held Medicare's administrative channeling requirement applied to eliminate subject matter jurisdiction to hear plaintiff's claims. |
Civil Procedure |
|
M. Baylson | Oct. 19, 2020 |
|
G058568
|
People v. Valliant
Resentencing relief under Penal Code Section 1170.91 subdivision (b)(1)(B), only applies to military veterans sentenced before January 1, 2015. |
statutory_interpretation |
|
T. Goethals | Oct. 16, 2020 |
|
A158029
|
Denny v. Arntz
Trial court properly sustained demurrer because plaintiff's allegation that ballot materials were not fair and impartial failed to state a claim as a post-election contest under Elections Code Section 16100. |
Government |
|
M. Miller | Oct. 16, 2020 |
|
S264219
|
People v. Tacardon
Order |
|
Oct. 16, 2020 | ||
|
20-16890
|
Yazzie v. Hobbs
Plaintiffs lacked standing to challenge Arizona's mail ballot deadline because there was no particularized allegation with respect to any of the individual plaintiffs. |
Constitutional Law |
|
P. Curiam (9th Cir.) | Oct. 16, 2020 |
|
18-70927
|
Cortes-Maldonado v. Barr
Oregon's former marijuana delivery statute is not 'illicit trafficking of a controlled substance' offense, and thus, petitioner's conviction for that offense did not make him removable as aggravated felon. |
Immigration |
|
R. Paez | Oct. 16, 2020 |
|
19-55862
|
Inteliclear v. ETC Global Holdings
Genuine issue of material fact existed as to whether plaintiff identified its trade secrets with sufficient particularity. |
Civil Procedure |
|
R. Gould | Oct. 16, 2020 |
|
20A62
|
Ross v. National Urban League
Order |
|
Oct. 15, 2020 | ||
|
20-16932
|
Mi Familia Vota v. Hobbs
Order |
|
Oct. 15, 2020 | ||
|
B300612
|
People v. Frazier
Secretary of the Department of Corrections and Rehabilitation's filing of Penal Code Section 1170(d)(1) recommendation for recall and resentencing does not trigger due process right to counsel for indigent defendant. |
Criminal Law and Procedure |
|
D. Perluss | Oct. 15, 2020 |
|
B299987
|
In re Anna T.
Juvenile court's post-termination custody orders were vacated because juvenile court failed to follow procedure outlined in Welfare and Institutions Code Section 362.4. |
Dependency |
|
D. Perluss | Oct. 15, 2020 |
|
G058575
|
Prickett v. Bonnier Corp.
Compensatory damages for loss of appellant's father's society or punitive damages are not available under general maritime law for injuries to a non-seaman. |
Maritime Law |
|
W. Bedsworth | Oct. 15, 2020 |
|
G058222
|
People v. Zorich
Trial court lacked substantial evidence to deny defendant's petition under Proposition 47 because he submitted evidence from Kelley Blue Book indicating value of stolen vehicle was less than $950. |
Criminal Law and Procedure |
|
E. Moore | Oct. 15, 2020 |
|
19-16459
|
U.S. v. Kroytor
Lack of clarity in the law is not itself a valid reason to delay filing a coram nobis petition. |
Criminal Law and Procedure |
|
D. Forrest | Oct. 15, 2020 |
|
19-70297
|
International Longshore and Warehouse Union v. National Labor Relations Board
National Labor Relations Board erred in deeming its Section 10(k) of the National Labor Relations Act decision 'dispositive' of petitioner's work preservation defense. |
Labor Law |
|
M. Hawkins | Oct. 15, 2020 |
|
19-55723
|
Boyer v. City of Simi Valley
City's ordinance exempting authorized emergency or construction-related vehicles from prohibition on mobile billboard advertising transformed an otherwise content-neutral prohibition into a content-based restriction on speech. |
Constitutional Law |
|
D. Forrest | Oct. 15, 2020 |
|
F077943
|
People v. Cervantes
Penal Code Section 859.5's amendment requiring that custodial interrogations of adults suspected of committing murder be recorded does not apply retroactively because amendments were not designed to benefit defendants. |
Criminal Law and Procedure |
|
J. Detjen | Oct. 15, 2020 |
|
F080131
|
People v. Hernandez
Under 'People v. Stamps' trial court must dismiss defendant's two prior prison term enhancements that were an integral part of defendant's sentence but cannot unilaterally modify the plea agreement. |
Criminal Law and Procedure |
|
C. Poochigian | Oct. 15, 2020 |
|
19-1284
|
Malwarebytes, Inc. v. Enigma Software Group USA, LLC
Order |
|
Oct. 14, 2020 | ||
|
19-1434
|
U.S. v. Arthrex Inc.
Order |
|
Oct. 14, 2020 |